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#DisclosuresTribunal to resume at 10. These are witnesses scheduled for today...
#DisclosuresTribunal Shane Lenehan was a civilian member attached to Garda Press Office until 2015, after joining in August 2013. Supt Dave Taylor was press officer when he joined.
#DisclosuresTribunal Lenehan is asked about his understanding of Taylor's relationship with Callinand and NOS. Re: Callinan, Lenehan said talk in the office was Call and Taylor were close inside and outside office. Re: NOS, Lenehan said he understood NOS &DT were 'not so close'
#DisclosuresTribunal Asked if he was ever instructed by Taylor to spread rumours to journalists about Sgt Maurice McCabe, Lenehan said he didn't receive any such instruction from Taylor or anybody
#DisclosuresTribunal Lenehan asked if he heard any rumours about McCabe and sex assault. He said he only ever heard them after he left the GPO & it was through the media. Asked if he was sure he didn't hear about it in the tea room, Lenehan said 'Not at all, not one bit'.
#DisclosuresTribunal L is asked if either journalists Debbie McCann (Mail) or Eavan Murray (Sun) contacted the GPO before going to Ms D's house in Feb/March, 2014. Lenehan said EM was a regular caller to GPO and DMcC wasn't. Repeats he didn't know of allegations until he left GPO
#DisclosuresTribunal Gerard Kavanagh, also of the Garda Press Office, is now giving evidence. Asked if was aware of rumours about McCabe, he says no. Asked if there was any discussion among GPO staff re: McCabe rumours, Kavanagh says: "Not that I can recollect."
#DisclosuresTribunal Kavanagh is asked if he's aware if Debbie McCann (Mail) or Eavan Murray (Sun) contacted GPO before going to Ms D's house, Kavanagh says no. Asked if Taylor told Kavanagh to negatively brief journalists about McCabe, he said no.
#DisclosuresTribunal Brenda O'Grady, another civilian member of the GPO, is now giving evidence. She joined GPO in 2007.
#DisclosuersTribunal O'Grady says Taylor would sometimes come across a little abrupt. Said he had a good working relationship with most people but not all.
#disclosurestribunal O'Grady is asked if there was any discussion/gossip in relation to McCabe in the GPO in 2013 and 2014. She says she "never heard of it until it went into the media".
#DisclosuresTribunal Asked if she saw any evidence of a smear campaign in GPO, O'Grady said no. Asked if Taylor ever said anything to her about such a campaign, O'Grady said no.
#DisclosuresTribunal Like the previous witnesses, O'Grady is asked if she is aware of any query raised with her by Debbie McCann (Mail) or Eavan Murray (Sun) - before they went to Ms D's house, O'Grady says: "No, never."
#DisclosuresTribunal O'Grady is asked about the time Dave Taylor was removed from the press office in June 2014. O'Grady is asked if DT was annoyed. She said: "Yes , I would have got that impression, yes."
#DisclosuresTribuanl told that in her statement to the tribunal, O'Grady said: "I remember in June 2014, he [Taylor] was not too happy about moving from the Garda Press Office. He phoned me about twice in June 2014. He was giving out about the Comm NOS...He was having a rant."
#DisclosuresTribunal O'Grady said he felt his move from GPO to traffic was a "demotion". In her statement, O'G said: "I didn't want to have these conversations as I believed that these phone calls may be recorded and I ignored all his calls after that to my private phone."
#DisclosuresTribunal O'Gardy confirms for the tribunal that Dave Taylor called her in January 2015, requesting that she print off the media contact list (of which he was no longer privy to as he was in traffic and not the GPO).
#DisclosuresTribunal O'Grady said she did print off the list as this was a request from a Supt. She said Taylor said his phone had been taken from him and he didn't have contact numbers. She said he didn't mention his thesis (this was reason said by Taylor's barrister last week).
#DisclosuresTribunal O'G said after she printed the list off, she thought about it and realised it was inappropriate and shouldn't be giving it to Taylor. Instead she relayed the matter to Ins John Ferris (who have evidence about this last week).
#DisclosuresTribunal hears in May 2015 Taylor suggested they meet for coffee. O'G agreed but had no intention of meeting him. Asked if she was plagued by DT, O'G said "certainly not plagued, no". She said ppl have working relationships and then ppl leave and interaction decreases
#DisclosuresTribunal also hears O'G had put Taylor back on the press clippings list (again this was mentioned in last week's evidence). She had agreed to put him back on because of road deaths and as he said as traffic Supt he needed to be on the list
#DisclosuresTribunal Noel Whelan SC, for Gardai, recalled another line in O'Grady's statement in regards to the call she had from DT in June 2014 in which she said he had a rant. O'G said DT felt "he shouldn't have been moved and that she [NOS] didn't have her facts right."
#DisclosuresTribunal Under questioning of Judge Peter Charleton, O'Grady says her impression was that Taylor felt he had been "shafted for some reason that she [NOS] had received"
#DisclosuresTribunal Chrissie Fitzpatrick, another civilian at the Garda Press Office, says she never heard of any rumours about Sgt McCabe. Says "I was as shocked as everybody else when it came out in the papers"
#DisclosuresTribunal Fitzpatrick says when Taylor was moved to traffic, she believes he blamed both director of comms Andrew McLindon and NOS. Fitzpatrick: "He felt he was shafted...I sympathised with him, he put his heart and soul into his job" Fitz says he was hurt and angry
#DisclosuresTribunal Fitzpatrick also says she didn't receive any query from McCann (Mail) or Murray (Sun) - see previous tweets - about Ms D ahead of their (separate) visits to Ms D's house in Feb/March 2014
#DisclosuresTribunal Sees texts from Taylor to Fitzpatrick on June 9. One read "tks, Chrisse, take care, don't let the press office slip back to old ways, Dave". At 11.05pm, he texted "keep the secret line open, be careful of the Director, Dave" i
#DisclosuresTribunal Fitzpatrick says Taylor was worried the volume of emails being sent out by the GPO would drop. She says that was his metric for success.
#DisclosuresTribunal sees another text from DT to Fitzpatrick on June 23 2014 at 6.29pm in which DT said: "Glad to be away from the impending car crash by her and especially the rodent Andy, but really miss the team, keep in touch Dave."
#DisclosuresTribunal Fitzpatrick took "her" to mean Noirin O'Sullivan and Andy was Andrew McLindon
#DisclosuresTribunal also hears of text on June 27, 2014 in which Taylor texted Fitzpatrick at 9.54am asking: "Chrissie can you text me some particulars about the Bray incident, do not let herself know, Dave" (Herself was ref to Sgt Margaret Flanagan - only female sgt in GPO)
#DisclosuresTribunal hears Fitzpatrick say she felt uncomfortable about the requests for info as Dave Taylor was no longer in the press office
#DisclosuresTribunal Ciaran Wren, of GPO, also says there was no talk in the GPO about Maurice McCabe, he wasn't aware of any campaign against McCabe and it was never suggested to him that he negatively brief journalists about McCabe.
#DisclosuresTribunal Like previous witnesses, Wren also said he had no contact with journalists Eavan Murray or Debbie McCann about the background to Ms D or her address before they went to the home of Ms D in Feb/March 2014.
#DisclosuresTribunal Fionan O Muircheartaigh BL, for Mail journalist Alison O'Reilly, asks Wren if he ever fielded any questions about Sgt McCabe: "Did you ever pick up the phone and hear a question about McCabe?" Wren: "No"
#DisclosuresTribunal O Muircheartaigh asks if any member of GPO ever said "today I got a question about Maurice McCabe', Wrenn says: "I have no recollection of any question about Sgt McCabe in the press office at all."
#DIsclosuresTribunal Sgt Margaret Flanagan is now giving evidence. She joined the press office in June/July 2007. Of her working relationship with Taylor (who joined GPO in 2012), Flanagan said: "He [Taylor] didn't like me from the day he landed"
#DisclosuresTribunal Sgt Flanagan said it was a very difficult time for her.
#disclosurestribunal Asked if there were rumours/talk about Sgt McCabe in the GPO, Sgt Flanagan said "not that I can remember, no". Asked when she first heard of allegation of sexual assault, Flanagan says: "when it broke in the media"
#DisclosuresTribunal For the umpteenth time, Marrinan SC, for tribunal, recalls Dave Taylor's protected disclosure and his allegations of a smear campaign. She said she had no knowledge of any such campaign
#DisclosuresTribunal Asked if there had have been a campaign, would she have picked up on it, she said "yes there would have been discussion, chit chat, talk" of it in the office
#DisclosuresTribunal Asked about journalists, Sgt Flanagan said she's never had any dealings with Paul Williams, of the Irish Independent, or Eavan Murray, of the Irish Sun. Said Debbie McCann (Mail) would occasionally call but not very much.
#disclosurestribunal Judge tries to ascertain more details about why Flanagan and Taylor didn't get on. F says she doesn't know the reason but it started from the off. She says when ones goes through such "a storm", it's only when storm is over, "you realise how bad it was"
#DisclosuresTribunal Judge asks about Paul Williams' articles about Ms D. Flanagan says "if a story broke of a guard, we'd probably have just said 'there's another one'. That's the way it was or that's the way it is in the PO." She adds: "I don't remember anything about Ms D"
#disclosurestribunal Supt Francis Clerkin now giving evidence. In July 2014, he was appointed to head up an investigation which stemmed from an inquiry by Children Ombudsman Emily Logan - who was looking at leaks about Roma children to media.…
#DisclosuresTribuanl hears Supt Clerkin say Assistant Commissioner John Twomey telephoned him to say he was appointing him to investigate the matter. Clerkin appointed Det Supt Jim McGowan, Insp Dave Gallagher, Sgt Thelma Waters, Sgt Brian Kavanagh and Gada Ross Rowan.
#DisclosuresTribunal Clerkin says he selected Det Supt McGowan and says any claims he did so under the instruction of NOS are wrong. Says he reported to Asst Comm John Twomey and never discussed the investigation with NOS.
#DisclosuresTribunal Judge Peter Charleton interrupts to clarify that NOS and Det Supt McGowan are married.
#DIsclosuresTribunal Clerkin now being asked about how the investigating team attempted to establish how there was an exclusive story in the media about a child being taken into care in Tallaght in October 2013. Clerkin said they interviewed everyone who had info about the event
#DisclosuresTribunal Clerkin said the info in the exclusive didn't come from the press office and that Taylor told the investigators that the first he heard of the Tallaght event was when he read it in the press.
#DisclosuresTribunal Leader BL, for tribunal, said billing records were examined and it emerged a Supt in Tallaght had been in contact with Taylor in or around the same time and Taylor had been in contact with the jour who published the excl (journalist isn't named in tribunal)
#DisclosuresTribunal Clerkin says he then got a warrant to search Taylor and Tallaght Supt's offices. He said he brought Det Sgt McGowan with him to the offices and said he wouldn't execute warrant if they cooperated. He said they did both cooperate and handed over their phones
#DisclosuresTribunal Clerkin said he sealed the phones, gave them to Det Sgt McGowan and then planned to have them analysed to see what info was on the phones
#DisclosuresTribunal hears the phone Dave Taylor handed over was the phone that was given to him in Sept 2014 - ater he had left the GPO. Leader BL, for tribunal, recalls that Taylor has named journalists he says he negatively briefed about Sgt McCabe.
#DisclosuresTribunal Tribunal sees partially redacted list of contacts Taylor had from Sept 2014 until Dec 2014 in respect of Eavan Murray (Irish Sun) Juno McEnroe (Irish Examiner) and John Mooney (Sunday Times).
#DisclosuresTribunal is told in terms of percentage of contacts - 24% of his communications were with Eavan Murray (2,800 contacts); 190 were with John Mooney and 17 were with Juno McEnroe
#DisclosuresTribunal Taylor had more than 11,000 communications with journalists from Sept-Dec 2014 (when he wasn't working in the Garda Press Office). Tribunal also hears Clerkin was able to link the Roma child exclusive to time of contact btw Taylor and Murray of the Irish Sun
#DisclosuresTribunal Clerkin also says it seemed Taylor was passing on press clippings to Eavan Murray (these are clippings gathered in GPO for senior management). Tribunal hears before Taylor gave his phone to Clerkin in Dec 2014, 1,677 texts btw Taylor and Murray were deleted
#DisclosuresTribunal Clerkin says Taylor was eventually arrested in May 2015. Clerkin says Taylor was subsequently interviewed six times with the total time of these interviews running to 18 hours. Clerkin says Taylor repeatedly said 'no comment' during these interviews
#DisclosuresTribunal A file was sent to the DPP but Supt Taylor wasn't charged. Tribunal hears that during retired HC judge Iarfhlaith O'Neill's scoping exercise into Taylor and McCabe's protected disclosures, letter was sent from Taylor's legal team to O'Neill
#DisclosuresTribunal The letter stated: "... it would seem to our client, on foot of the information contained particularly in C/Supt Kirwan's report, that he has been the subject of a targeted criminal investigation designed in the first instance to access records..."
#DisclosuresTribunal "...that would otherwise be unavailable (as his unit can only access the data in the context of a criminal investigation) to discredit him and/or conduct an extensive trawl of his records to... any material harmful or prejudicial to our client"
#DisclosuresTribunal Leader BL, for tribunal, puts it to Clerkin that he may not have seen this letter but offers him a chance to respond to the claim. Clerkin says he does not accept the claim.
#DisclosuresTribunal Chief Supt Clerkin has resumed giving evidence
#DisclosuresTribunal hears Clerkin recommended that the DPP prosecute Taylor. Clerkin recommended to DPP. Clerkin wrote to DPP "There is sufficient evidence to ground a prosecution against David Taylor in relation to numerous incidents of...
#DisclosuresTribunal (ctd)...1) disclosing information to journalists information between October 21, 2013 and February 19, 2015 contrary to Section 62 (2) of Garda Siochana Act. 2) disclosing personal data without the prior authority of the Data Controller...
#DisclosuresTribunal 3) as Supt in AGS that he did acts in relation to his office and position for the purpose of corruptly obtaining a gift, consideration or advantage for himself and Eavan Murray contrary to Section 8 of the Prevention of Corruption (Amended) Act 2001...
#DisclosuresTribunal (cntd) "in that his actions by disclosing information to Eavan Murray meant she had significant advantage over her colleagues and that her assistance to him with his course work was of considerable advantage to him"
#DisclosuresTribunal hears that Clerkin sent his recommendations to DPP in August 2015. In Feb 2016, Clerkin received response from DPP office saying it directed no prosecution as was "not possible to prove that information was disclosed to the press by the suspect [DT]"
#DisclosuresTribunal DPP letter added "Even in cases where there is an electronic trail of information being disclosed, it is impossible to establish the 'harm' requirement of section 62 of the Garda Siochana Act 2005..."
#DisclosuresTribunal DPP letter added "..While highly suspicious, I do not think that it is possible to prove beyond reasonable doubt that the suspect disclosed confidential information. Therefore I direct no prosecution."
#DisclosuresTribunal hears Det Supt Jim McGowan signed a letter on Clerkin's behalf sent to the DPP (Clerkin was on holiday) in which DPP was asked to reconsider a prosecution based on data protection breaches. In Feb '17, DPP wrote back & said it would not be prosecuting Taylor
#DisclosuresTribunal sees section of Dave Taylor's wife Michelle's statement to the tribunal in which she recalled Taylor's meeting with McCabe (when Taylor told him about alleged smear campaign).
#DisclosuresTribunal Michelle Taylor said her and her husband had discussed their own situation with McCabe and "NOS was very anxious to get a charge on Dave and that we found it quite upsetting that she had appointed her husband to lead the investigation team in Dave's case."
#DisclosuresTribunal (cntd) ..."We said 'what chance could we have against the Garda Commissioner and her husband" or words to that effect and we empathised with Maurice about the negative campaign against him by the Comm Martin Callinan..."
#DisclosuresTribunal Clerkin repeats that Noirin O'Sullivan had "no hand, act or part" in his investigation and he never discussed it with her "in any way, shape or form"
#DisclosuresTribunal Mícheál Ó Higgins SC, for An Garda Siochana, now taking Chief Supt Clerkin through his evidence
#DisclosuresTribunal O'Higgins points out that after the incident with Roma child in Tallaght in Oct 2013, the following day a report appeared on online as an exclusive. O'Higgins notes that earlier Kathleen Leader BL, for tribunal, didn't name the journalist.
#DisclosuresTribunal O'Higgins asks if he accepts there was no wrongdoing by the journalist. Clerkin agrees and says "he was just doing his job"
#DisclosuresTribunal hears Supt Taylor, when questioned about the Tallaght media leak, told Chief Supt Clerkin: "I only became aware of this subsequent to events. The first knowledge that I had of this incident at Tallaght on 22/10/2013 was when it was bought to my attention.."
#DisclosuresTribunal O'H asks C if he believes that was "truthful". C says as far as he's concerned, no. C says he'd been able to establish Taylor had been in contact with district officer in Tallaght &, in btw those contacts, he had been in contact with a particular journalist
#DisclosuresTribunal Clerkin explicitly says "information was provided to a particular journalist by Supt certainly is a big deal"
#DisclosuresTribunal (Clerkin explains patrol officer's report on the Tallaght incident had been provided to Supt Taylor)
#DisclosuresTribunal hears Clerkin's investigation found 12 incidents of disclosures in relation to murder, assault, fatal industrial accident, fatal road traffic collision, shooting, security arrangements for Govt ministers, alleged assaults by staff, traffic collision...
#DisclosuresTribunal Earlier the tribunal heard that Clerkin found Taylor would delete his texts as he went on. Tirbunal hears one journalist asked for pic of a homeless man who died near the Dail. Clerkin says they couldn't establish if (factually) Taylor provided that pic.
#DisclosuresTribunal Another situation involved an incident involving a soccer player incident in Malahide. Clerkin says he was asked if he could provide the name, and he did.
#DisclosuresTribunal Clerkin says his investigation team were able to see that from looking at Taylor's email account, he was getting daily am Critical Incident Reports (about murders, etc) and he was forwarding these to his private eircom email address.
#DisclosuresTribunal Clerkin said they got a warrant to see this but majority of information was deleted "so we didn't get anything out of that". Clerkin said he was getting press clippings as he was getting them and sending them on to Eavan Murray (Irish Sun)
#DisclosuresTribunal O'Higgins listed exclusive stories by Eavan Murray related to Critical Incident Reports concerning rapes, suspicious approaches to children, robbery, burglary and assaults, etc.
#DisclosuresTribunal Clerkin said he seized a second phone and a laptop from Supt Taylor in February 2015 and they were examined in a similar manner to the first phone. Clerkin said they found similar pattern of communications to what was detected in first phone seized, etc.
#DisclosuresTribunal sees in an application for a judicial review Taylor had lodged (to halt the investigation into him) in which Taylor said: "Having regard to the applicant's position as a member of AGS the arrest or any suggestion of it was made exclusively for the purpose..
#DisclosuresTribunal "...of exerting further and additional pressure(s) and/or was for the purpose of causing embarrassment to the applicant and/or was for the purpose of inflicting emotional pain and suffering upon the applicant and/or was for the prupose or holding the..."
#DisclosuresTribunal "... applicant up to public ridicule and contempt". Clerkin rejects this claim.
#DisclosuresTribunal JR application also states that Taylor claimed the investigators were "tactless" and "unnecessarily autocratic and oppressive" and "heavy handed". Clerkin rejects this and says tapes of the investigation can confirm that.
#DisclosuresTribunal JR application also states Taylor claimed the investigation into him was "tainted beyond redemption" and "lacking credibility". Clerkin also rejects this.
#DisclosuresTribunal Judge Charleton steps in to say he's not required to look into investigation of Taylor. O'H, for AGS, submits it's relevant for judge to consider if the investigation was properly motivated and if there was a proper basis for it - given Taylor's allegations
#DisclosuresTribunal Charleton says he's seen nothing to suggest there was anything wrong with Clerkin's investigation. Adds he's "not going to offer any judgement on that..unless something comes moment, I don't see myself making any inquiry into CS Clerkin at all, at all"
#DisclosuresTribunal O'Higgins reads out section of Clerkin report in which he states: "Supt DT's phone outlines text messages detailing his personal
dissatisfaction and contempt for the new Garda Comm [NOS] and press office senior staff. All of the safeguards..."
#DisclosuresTribunal "...that are fundamental to the GPO are flouted by Supt DT and a Whatsapp message exchanged from [redacted] journalist to him on Sept 13, 2014 stating '...Busy day and not one call made to the press office' compounds that assertion."
#DisclosuresTribunal After this is read out, there is some discussion about texts that may have been disparaging of NOS. Clerkin said: "There are other texts that I would have seen which would allow me to arrive at that conclusion.." These texts are not read out.
#DisclosuresTribunal McAleese SC, for Eavan Murray (of Irish Sun) has joined the tribunal. Charleton suggests McA may wish to review the transcript and Clerkin could come back in am. McA has asked for time to review the transcript but says he probably doesn't have anything to add
#DisclosuresTribunal McAleese says he might contact the tribunal in the morning, after he reviews the transcript from this morning. Charleton reminds Mr McAleese of the Brown V Dunn ruling (Charleton has referred to this many times in tribunal)…
#DisclosuresTribunal Following a few more questions from Kathleen Leader BL, for tribunal, CS Clerkin says the investigation into Taylor had nothing to do with Sgt Maurice McCabe. Says it was about disclosures to press
#DisclosuresTribunal Det Sgt Brian Hanley has now started to given evidence
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